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(영문) 청주지방법원 2015.07.10 2015노403
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and repented in depth the mistake.

In addition, the Defendant engaged in an act of cooperation in the investigation into the crime, such as the purchase, possession, administration, etc. of a chophone, as well as the instant crime.

Furthermore, the fact that the long-term detention of the defendant is likely to cause certain difficulties to the defendant's business management and his/her family's livelihood should be considered in favor of the defendant.

However, the instant crime was committed by the Defendant by purchasing, receiving, and administering, or delivering to another person, the instant crime was committed on multiple occasions. Such an act of medication, trading, etc. of narcotics, etc. not only prevents an individual’s body and mind due to their cryptism, toxicity, and radio wave, but also is highly likely to undermine social safety and cause relevant crimes, and thus is highly likely to cause social harm and injury.

In addition, the defendant committed each of the crimes of this case during the period of repeated crime due to the same crime.

In addition, the above favorable circumstances appear to have been sufficiently reflected in the judgment of the court below on the sentencing, and other circumstances that are conditions for the sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the situation after the crime, as well as various circumstances that are conditions for the sentencing, such as the following circumstances, and the scope of the recommended sentence [one year to three years: the basic area of crimes (one year to two years: the basic area of crimes in category 2: 1 year to two years) and 2, and 3 crimes (the basic area of crimes in category 3: the simple possession, etc. of medication: 8 months to two years): the court below's sentencing should be calculated in accordance with the criteria for the processing of multiple crimes], it is not recognized that the sentencing of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is justified.

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